PESHAWAR – Khyber Pakhtunkhwa cabinet decided to end the Action in Aid of Civil Power Regulations, the ordinance that grants military sweeping powers to operate in civilian areas, arrest militants, and detain them without court oversight. Alongside this, the provincial government announced it would withdraw its appeal from the Supreme Court challenging the ordinance.
The decision came at the cabinet’s first meeting under KP newly appointed CM Sohail Afridi. After the session, Information Advisor Shafeeullah Jan briefed media that the provincial government had “serious concerns” about the ordinance.
Despite KP dissent, legal experts warn that the move may not be legally effective. Since federal government also has a pending appeal in the Supreme Court regarding the ordinance, the law cannot simply be ended by the provincial cabinet. Meanwhile, some argue that if KP withdraws its appeal, the case would automatically lose all legal significance in the Supreme Court.
The Action in Aid of Civil Power Regulations was introduced to combat extremism in tribal regions (FATA and PATA). Under the ordinance, the military could be called in by civil authorities to operate anywhere in the province.
Forces could arrest alleged militants and hold them in detention centers for investigation without presenting them in court. Residents had to be warned to vacate operational areas in advance, and special care was to be taken for women, children, and the elderly.
A board of two civilian and two military officers oversaw detention centers. Detainees could not be held for more than 120 days, and torture was strictly prohibited.
Initially restricted to tribal areas, the ordinance was secretly extended to the entire KP province in 2019 by PTI Governor Shah Farman, without public or legislative knowledge. The move sparked widespread outrage when it was revealed during a Peshawar High Court challenge.
All eyes are on Supreme Court’s verdict, as this law cannot be terminated with orders from top court. Despite the provincial government’s approval to scrap it, the ordinance remains in force, creating a tense legal standoff with potentially explosive political and human rights implications.
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